Decree of the Court of Milan, Autonomous Section on Prevention Measures, No. 13 of 7 March 2017

In:

Diritto penale contemporaneo

Abstract

The Court of Milan imposed a special prevention surveillance measure with this decree, which implies upon the person involved an obligation to stay in the municipality of residence for three years. This preventive measure grounded its basis on the concept of social dangerousness (for the previous commission of many offenses, such illegitimate use of weapons, violence and threats, crimes of patrimonial accumulation, femicide). For the Court, however, the ruling by the ECHR Court, Grand Chamber, 23 February 2017, on the case de Tommaso, which condemned Italy for the vagueness of the prescriptions imposed on a person deemed to be socially dangerous, is not expression of the ECHR Court consolidated jurisprudence on this particular argument. For this reason, the Italian judge has not a duty to comply with it in any case of this kind.

Other Info

  • See also:

    Judgment of the European Court of Human Rights, Grand Chamber, 23 February 2017, de Tommaso v. Italy; Order of the Court of Appeal of Naples, VIII Criminal Section, 15 March 201; Decree of the Court of Palermo, I Criminal Section – measures of prevention, 28 March 2017; Decree of the Court of Rome, Preventive Measures Section, No. 30 of 3 April 2017; Order of the Court of Udine, Criminal Section, 4 April 201; Decision of the Court of Cassation, United Criminal Sections, No. 40076 of 27 Avril 2017; Decree of the Court of Palermo, I Criminal Section – preventive measures, 16-29 May 2017; Decree of the Court of Palermo, I Section on Preventive Measures, No. 62 of 1 June 2017; Order of the Court of Cassation, II Criminal Section, No. 49194 of 25 October 2017

  • Original language: Italiano